2010 (5) TMI 187

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..... cle 226 of Constitution of India as to whether assessee be permitted to affix labels. The Assistant Commissioner is the competent authority to decide, official not giving any decision on assessee’s request. Appropriate to direct custom to decide question. - 443 of 2009 - - - Dated:- 12-5-2010 - Jayanta Kumar Biswas, J. REPRESENTED BY: Shri Chowdhury, Counsel, for the Petitioner. .....

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..... . 62, requesting the Commissioner of Customs (Port) to permit it to affix the requisite label on the tins. Since the official did not give any attention to the request, the petitioner brought this petition. 3. Under an order of this court samples of the food articles concerned were drawn and sent to the appropriate laboratory for testing. Now the question is whether a mandamus is to be issued co .....

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..... dering the petitioner's request to permit it to affix the label. 6. It is not for the high court to decide under Art. 226 whether the petitioner should be permitted to affix the label. The question is to be decided by the customs, and, if required, the remedy of judicial review can be availed of in the context of the decision of the customs. 7. It is evident that the only issue involved in the .....

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